thank you! [ cheers and applause ] >> jimmy: all right, well, that is his cd. it's called "viva duets." tony den nbennett. it comes out october 22nd. i want to thank selena gomez, lenny venito. apologies to matt damon, we ran out of time for him tonight. but he will be rescheduled. good night, everybody.

>> it is happening tonight. 12-year-old novato girl died this evening afterby an by an suv. good evening everyone. i'm carolyn johnson. >> i'm dan ashley. she was hit on novato boulevard this afternoon in novato. lillian kim is there live tonight with how this happened. lillian? >>reporter: we are learning more about the 12-year-old girl. she attended this middle school and was new to the area. members of the community have been placing candles and flowers along the stretch of road where 12-year-old girl died while riding her bike.

she was a student at this middle school, hailey. novato police say she was traveling west on novato boulevard when she collided with an suv going in the opposite direction. susan lives nearby and saw the aftermath. >> i was sick to my stomach. worried about her family. worried about her. >>reporter: hailey was taken to marin county hospital by ambulance trend transported by helicopter to children hospital in oakland where she was pronounced dead. police now trying to piece together what happened. >> the driver of the suv is very cooperative. doesn't appear to be any sign of impairment or illegal maneuvers but we are investigating that and exploring all options of the investigation. >>reporter: hailey moved to novato from new mexico only a month ago. she had written on the face book page she didn't want to leave from california because she was leaving behind too many friends. she was new here her death is hitting the community hard. neighbors hope the accident will bring about changes to what they believe is a dangerous road. >> they are playing in down here on the road. no speed limit posted. community here

and we have a lot of kids here so makes it kind of risky. >>reporter: people we talked to are suggesting speed bumps and better signage. anything to make this stress of road safer. live in novato, abc 7 news. >> thank you lillian. >> developing news in morgan hill where police are looking for a mother who ditched her daughter at a grocery store last week. police say she used her daughter to shoplift but when a store clerk caught on she took off leaving the young girl behind. 7 news reporter lisa is in morgan hills tonight. lisa? >>reporter: you know at one point the girl called her daughter cell phone and police officer answered. he told the william to come in. make a statement. pick up her daughter. he says she refused. >> mother knew what was going on and just absolutely abandoned the daughter. >>reporter: morgan hill police are talking about marsy. on wednesday of last week they say the woman came to the safeway store with her 10-year-old

daughter. they filled a cart with beer and other groceries. and instead of paying police say she told her daughter to wait with the cart near the exit doors while she got their car. and when is he pulled up, the girl was to roll the cart out. that's when store employees stopped the 10-year-old. the mother drove away >> she left her there on purpose. not willing to get in trouble herself to sacrifice her daughter for her own game. >> 2 pulled off the same thing two weeks p that theft was caught on tape. the 1 10-year-old isn't charged with a crime and is now staying with her grandmother in morgan hill. >> no comment please go away. >> nobody wanted to speak to us at the mother house but listening time neighbor says the woman and her children arrived this summer and they were to go back to wyoming soon. >> mom told me she smoked, she's on medication or something. >>reporter: i spoke with the father inlaw in wyoming by phone. he says he's not surprised by any of this. and

that he has reported his daughter inlaw to child protective services services in the past. police believe marsy is driving a green ford explorer with a wyoming license plate of 41111 8. back here live now the father inlaw says that he spoke with her only yesterday. he believes she's heading back to wyoming. live in morgan hill tonight, lisa, abc 7 news. >> what a story thank you lace. >> new tonight. family wants justice for 15-year-old autistic boy beaten by an older man at the south hayward bart station. right side of trevor kennedy mouth is swollen in the picture as you can see. he and friend walking near the station at mid nature back in july. man in his 30's asked the boys to get him a cab. they refused and he began punching trevor. police arrived. cuffed the man noticed he was carrying marijuana. the da office charged the man with possession but not assault.

>> i don't feel that what this man is getting is justice. i told my brothers would i do whatever it takes to make sure that this man pay force his crime. >>reporter: family has created a facebook page called justice for trevor to rally support for their teenager. >> parent only meeting took place at albany middle school tonight to discuss the arrest of sixth grade teacher on lewd conduct charges. parents were told students in james class placed in other sixth grade classes beginning monday. 28-year-old teacher has been charged within appropriate contact with former student. neighborhood activist march down south first street in san jose tonight showing those who bring prostitution to the streets they are not wanted. residents are concerned about solicitation up and down the street especially in front of local library. >> man behind an anti-muslim film responsible for bloody rites in the arab world is in jail today. the man was driven from u.s. district court in

los angeles after a judge ruled him a flight risk. 55-year-old man was arrested earlier today for probation violation in 2010 bank fraud case. >> at public hearing tonight the san francisco city college board of trustee explained its 14.action plan for keeping the college open. it includes hiring new financial watch dog laying off faculty, closing or leasing some of the properties and refocusing on basic course work. state community college commission has given city college until march 15 to turn things around. >> we are trending warmer. sandy is here with the first check on the weather. >> yes. >> we'll get to you in a secon second. hang on we are coming to you. >> check out live doppler 7 hd we have fog out there. and that fog is already dropping partinterest around parts of the bay area. monterey bay just over a mile. if we could good to doppler we show you half moon bay with visibility -- i'll toss it back to you. apparently they are having problems.

>> if all right. we'll talk about the fog. it's getting dense. visibility right now half moon bay. down to about half mile and temperature at this hour in the 50's and 60's. far inland valley in the 70's. we have some heat coming for the weekend. it will be hot enough to remind you of summer and warm enough to hit the beaches. back with all the details. >> thanks very much appreciate it. >> some pilots in the north bay worried their safety is at risk tonight. abc 7 news reporter rr dan has that story ahead. dan has that story ahead. >> stay

>> the owner of small historic airport in sonoma county battling with a neighbor over what he can build next door and whether it puts pilots and public at risk. >> talking about the sonoma valley airport located in anhiga surrounded by vineyards. dan is here now with more on this for us. >> some things just don't mix well with an airport. guns. birds and big log fence at the end of the runway. but that's just what we found at the sonoma valley airport. the

65-year-old sonoma valley airport is a magnet for vintage airplane buffs and home to some very rare planes like this plane one of only 2 in the world still flying. pilots line ken cop came decades ago and plan to stay to the end tinkering with a plane that first flew around the time he started flying as british para trooper in the 1940's. >> i wanted british airplane being british in. this crowd chris stands out. here he is on abc 7. f in 1993. flying tourist and turning lap for the camera. he is a master builder restoring planes by hand. he's rebuilt over 20 of they will. and actually bought the airport in 2008. it's open to the public. >> i have been hear all my life. >> now he's struggling to stay. safety issues could force aviation authorities to shut him down. he says the neighbor is to blame. how serious is this. >> this i believe is, is

airport existence or airport extinction. >>reporter: that's where josh frasier comes n.he bought the property next door in 2004 to build a fly fishing ranch. >> this is everything for me. this is my wife and i dream to teach people to fly cast out here. >>reporter: he couldn't get the county permit he needed to dig a commercial fishing pond next to airport. pond stocked with fish bring birds. clear hazard for planes. so frasier reapplied for agricultural pond permit and request sailed through. then he added a retail building. remodel residence and somewhere along the way built a shooting range facing the runway. he also offered fishing lessons. the county says he didn't have permits for any of this. >> saying he is skirting the permit process in some way. >> i would night say that in a nutshell but he has found his way to break down barrier to achieve a goal. >>reporter: ben is the sonoma county code enforcementr. on tc manager. on the scale of cases

you have come across, he is sophisticated. >> i would consider a sophisticated applicant, yes. >> they say you had a very sophisticated method of trying to get around the permitting process how do you respond to that. >> i guess i'm flattered that i'm so sophisticated. >>reporter: sonoma county sued the fly fishing outfitter. r. fo pay 53,000 in fines court cos costs. he's allowed t retail the retail business open but can't operate a fly fishing school next to the airport. they came down on you. >> yes. they did. many right. i believe they gave me the wrong permit. >>reporter: their fault. wasn't you trying to sirj haven't the process. >> i believe that's true. >>reporter: ben tells us frasier has made it clear his ultimate goal is to operate the fly fishing school. frasier has applied for forment remodel his house and build a retail space even though the and the groama grows as more cs

officials get involved. sonoma county supervisor valerie brown says she thinks there is a place for both businesses. >> i have as much advocate for the airport as i do for the fly fishing establishment. i think we need all the business we can have in sonoma county. >>reporter: also points out the airport has a fire suppression pond on their property. >> there's water all around there. it's not been a problem past. i certainly wouldn't want to discount the fact that it could be. >>reporter: that position an angers don smith who sits on the county airport land use commission. they advice the board of supervisors. >> there's no question we found it incompatible, why we did. >>reporter: no. 1 concern is that the additional pond will bring more birds. increase the chance of an accident. that's what happened to pilot greg bear just as he was about to lift off in february. large goose smacked his plane. >> madehud a huge huge thud. there's no miss taking that i hit something. definitely

opened my eyes to how bad it could be. >> this is what scarce me. take somebody gets killed before we react to this? >>reporter: but the debate doesn't end at the county leve level. there are more problems for this. state department of transportation is taking aim at fence frasier built to keep the fly fishing customers from wandering on to the runway. het frasier says he built tonight responseromomplaints from the airport. he took us up in the plane for better lack in the plane and runway safety zone that falls on frasier property. fence slices through an area that should be kept clear to get planes extra space in an emergency. in july the.sent the airport a letter saying the fence is a violation of theity e strongly recommend the fences be removed. why is that fence there. >>if i well, if it is a danger we'll definitely look into it and take care of it.

>>reporter: but the clock is ticking for the airport.will rae view the operating permits before the end of the year. if the fence doesn't come down by then, the.could shut them down. >> they may say you won't fly from here any more that screws u the the whole retiremet set up. and l it falls apart. >> next up for frazier is the board of zoning appeal where he presents his case for the house permit. also applied for permit to build a store after the fact. then on to get the fishing school legalize. but there is one permit he won't pursue. after we started asking quest he tack down that shooting range that was headed toward the airport. >> he will follow this permit process. >> it's going to be a long hal hall. yes. >> thanks. >> let's get a check of the forecast right now. >> yes. sandy is steamy coming. >> absolutely dan and carolyn. we lack at temperatures that will make you sweat. at least in the inland valley we hit the weekend today high pressure came up anywhere from about

couple degrees up the coast 58 degrees half machine bay to about 12 degrees warm interso many of our hottest inland valley so definitely warmer da day. 91 in san jose. 74 oakland. mid 90's fairfield livermore up towards santa rosa it was up to 90 degrees now right now we check doppler 7 hd and you will see that we have some fog out ther there. it is primarily con find to the coat and we have some fog moving in locally over the bay so we'll be watching that fog. it is dense in spots. look at the visibility right now. half machine bay down to half mile. 9 the 10 miles other parts of the bay area so prepare for some dense fog tonight which means the morning commute holding steady tomorrow in terms of high pressure few degrees cooler but big warm-up coming this weeken weekend. i show you the morning low on the cool side upper freeways mid 50's as you send your kid off to school or you head out to work grab a jacket or sweater and make sure you give yourself more time as the fog will drop visibility in many areas and so it is going to be slow going for that

morning commute. now tomorrow afternoon this area of low pressure just getting close enough to drop our teams couple degrees but here's what's coming for your weekend. high pressure comes together. it's a warm to hot air mass over us. both sunday and monday will be the hottest days of the next 7 days. as a matter of fact some of the coastal temperatures could reach the highest level they have seen all year round and so there may be some heat advisory going up during the sunday monday time period. stay tuned. national weather service has not issued them yet but we may looking at that. high for your friday still on the comfortable side along the coast. fog around 62 half machine bay. 65 degrees in san francisco. north bay community 80 in san rafael. ia santa rosa. mid 90's around ukiah. east bay 72 oak land. sunshine by afternoon there. 77 in palo alto. low 90's inland. still warm. just not kuwait as warm as today. 80 in san jose. around the monterey bay lacking at temperatures of 63 in monterey. with some fog

lingering. warm 85 degree day in morgan hill. accu-weather 7 day forecast most of you mild to warm tomorrow afternoon. big heat upcoming for the weekend low 70's to mid 90's saturday. check out sunday. it's hot inland. near 100 degrees. mid 70's at the beaches. and by monday up to the triple digit inland. mid 70's coast side. inland community unseasonably hot. coastal areas will be warm just like we expect around this time of year. cooling off tuesday through thursday. how would you like to win frain,000 dollars. okay. you game dan. go to our facebook page and like us and click the win frain,000 dollar button to enter. announce the wish on october 18 right after the 49ers game right here on abc 7 news. if you already like us you still have a chance. go to our page and click that 49,000 dollar button that will take you to the page to fill out the entry form and win big. mike here if you are:30 to receive

am tomorrow morning. >> coming up next. bizarre scene in stockton involving scene in stockton involving member of the

rs l. >> oakland a's pitcher dallas braiden taking on the law in the hometown of stockton. >> at anti-violence rally called by police yesterday he called the chief jones a liar for telling residents the police are doing everything they can to reign in the city gang violence. >> sites bad he's taking his grandmother and leaving town. >> told me the onl bit of advice they could give me now to protect myself as two take my grandmother and to move. they told me unless i'm shooting or unless they are shooting at me, they just don't come. we have no other choice. arm yourself or get out. wild west boys in blue out gunned. >> stockton rank as second most violent city in the state and tenth most violent in the entire country snachlt let's hope braid ennis bringing the passion to the field. >> larry is here with sports. >> dallas is very passionate no doubt about that. in football the real refs returning to the nfl. they get a hero welcome. also stanford trying to stay unbeaten. rough tonight for

unbeaten. rough tonight for josh. sports is next

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>> good evening. may the only time in history that we ever see this but the real refs they got standing ovation standing t in baltimore. rock stars. rese nfl. look out ended last nigh night. tonight actual officials who know the rules worked the browns ravens game. here's the first call from an actual professional referee. >> holding. offense. number 74. penalty is declined. fourth down. >> i will have you gene. all right now to the highlights.

josh didn't love that. crushed by and ravens recover. looked bad there he suffered concussion but he is okay. will be all right. rookie quarterback make rookie mistak mistake. intercepted by williams. many 63 yards. the ravens win it 23-16. thursday night football. 8 rank stanford at washington. stanford defense rises to the occasion. big trent murphy hands up. pick off price. off to the races. 40 yard touch down stanford up 13-3 but the c. bishop sank up the middle. and aloha. 61 yards. stanford lead trim to 13-10. praise to williams. juggle down the side line touch down huskies up 1 17-13. josh completed just 18 of 37. on fourth and 4 what are you to go. throwing a fade

to the tight end. what? intercepted by desmond as washington upset stanford 17-1 17-13. it's the first loss of the year for the cardinals. pure tension for the a's. finished up the 10 game road trip. 4 and 6. smacked 5 home messrs. texas today. but los lost. rangers sell a two foot hot dog called the boom stick. 26 bucks and good for you. want to see a boom stick. mike has one. 2 run bomb off travis. hook after 1 inning. a's down 5 nothing. josh was in a slump so he shaved the facial hair. had 2 hits yesterday. 2 homeers today. reddick with 31 for the year. face nice and smooth now. a's down 5-1. down in the 9th. busted out the boom stick. to moss then reddick game. 3 homeers in the inning to make it 9-7 but johnny guess down swinging in the 9th. a's 1

game back of baltimore for the top wild card spot. host seattle texas in the final 6 games. before the final home game of the regular season the giants announce they will not bring back suspended outfielder cabrera for post season. don't want the distraction and bruce like the team chemistry. giants and d-backs hunter does this in the play offs giants may play well into october. 2 run blast off patrick corbin. later in the second. marcos downtown giants score 6 runs in the second. giants won the last 10 starts. giants go on to win 7-3. zito 14 and ate best season in 6 years. as giants. 7 sports brought to you by river rock casino. >> nice to see barry doing so well. >> "nightline"coming up next. >> thanks for joining us everyone. for all of us here, great night.

>> appreciate yours time as

>> you think some dudes have the mom gene. some dads are really, really nurturing. >> really, really into it. >> maybe they have it. do that next. >> you like you are really into it. >> i love my daughter like crazy.

>> he is a good dad. >> thank you, sunny. what have you got planned for the week. maybe a pizza, a few drinks. how about pizza with booze inside. >> yes. >> she's on board. in boston, they're serving adult-only pies, toppings, alcohol, fresh mozzarella, vo a vodka-soaked cherries, yes, they're ask i.d. before you order it. you probably are too stuffed before you could get -- a box. >> that's delicious. i wonder if the alcohol evaporates when it is being cooked. >> i guess those infused cherries, they say you can get a buzz off of it. put in the sauce maybe. the cherries. pop the cherries. >> delicious. >> could be great. >> bring a big jar of cherries. >> should get some tonight. i'd be into that, right? it would make it a little more fun, happening. >> sunny is down. i'm into it. coming up, the quest for clean.